public notice of application for state of washington 401 ... · please call 360-407-6076. ... on...

Project Name: Mill Creek Re-establishment Applicant: City of Kent Project Description: Restore or iginal grades between culverts and remove accumulated sediment in the Mill Creek Channel between Creek Mile (CM) 5.2 to CM 2. Project Location: 100 Reiten Rd. (Ear thworks Park) to S. 204th Street and 68th Ave. S. (terminus of project), Kent, King County. Public Notice Date: September 11, 2019 Comment Period Ends: October 2, 2019 Application available on Ecology’s Federal Permit Website: https://ecology.wa.gov/Regulations-Permits/Permits-certifications/401-Water-quality-certification/non-hydropower-401-certifications/401-and-CZM-public-notices.

Ecology will review the work pursuant to Section 401 of the Clean Water Act, with applicable provisions of State water pollution control laws and the Coastal Zone Management Act. Ecology is requesting comments from the public, state and local agencies, tribes, and other interested parties to evaluate the impacts of each proposed activity. Conventional mail or e-mail comments on this public notice will be accepted and made part of the record. Comments should be sent to: Department of Ecology—SEA Program Federal Project Coordinator Post Office Box 47600 Olympia, Washington 98504 or Online - http://sea.ecology.commentinput.com/?id=d8DWe To obtain a hard copy of the project information, please call 360-407-6076.

Public Notice of Application for State of Washington 401 Water Quality Certification & Coastal Zone Management Act Consistency

https://ecology.wa.gov/Regulations-Permits/Permits-certifications/401-Water-quality-certification/non-hydropower-401-certifications/401-and-CZM-public-notices




http://sea.ecology.commentinput.com/?id=d8DWe

PUBLIC WORKS ENVIRONMENTAL ENGINEERING Mike Mactutis

Environmental Engineering Manager 400 West Gowe Street

Kent, WA 98032

July 19, 2019 PHONE: 253-856-5520

City of Kent Public Works Department Timothy J. LaPorte, Public Works Director

Seattle District U.S. Army Corps of Engineers Regulatory Branch, CENWS-OD-RG Attention: Kristin McDermott, Project Manager, Regulatory Branch P.O. Box 3755 Seattle, WA 98124-3755

Subject: Resubmittal of the Joint Aquatic Resources Permit Application (JARPA) and attachments for the Mill Creek Re-Establishment Project

Dear Ms. McDermott,

On July 20th, 2018 the City of Kent previously submitted a JARPA for consideration on behalf of the Mill Creek Reestablishment project. This was followed up by a November 15th, 2018, meeting in the field which included representatives from the Army Corps of Engineers, the Washington Department of Fish and Wildlife, the Department of Ecology, and the Muckleshoot Indian Tribe. It was determined at this meeting that the City of Kent would need to resubmit the permit following input from the different agencies.

Please find attached the resubmittal of the City of Kent’s JARPA for the Mill Creek Re-Establishment Project. Under this project the removal of sediment built up in Mill Creek will increase the storage capacity for Mill Creek and reduce flooding in the City’s downtown corridor. Also included with this application are the necessary attachments and appendices for this project. additional property owner JARPA Attachment A, additional project locations JARPA attachment B, additional adjoining property owner JARPA Attachment C, a Coastal Zone Management certification application, a 404 (B)(1) Alternative Analysis Appendix, a Biological Assessment Appendix, a Cultural Resources Inventory for the proposed action area, a Wetland Delineation Report for the proposed action area, Mill Creek Re-Establishment Project Plans, Project Plans for the Earthworks Park canyon reach, Project Plans for the proposed bridges, Project Plans for the proposed culvert replacement project, and Project Plans for stream buffer restoration within the proposed action area.

This application also includes a mitigation statement outlining proposed mitigation at the henceforth known: Little Property, Matelich Property and Frankford Property, a Wetland Report Appendix for the Little Property Mitigation Site, the Frankford Property Mitigation site and the Matelich Property Mitigation site. In addition, a Cultural Resources Inventory for the Little Property Mitigation Site has been

PUBLIC WORKS ENVIRONMENTAL ENGINEERING Mike Mactutis Environmental Engineering Manager 400 West Gowe Street Kent, WA 98032 July 19, 2019 PHONE: 253-856-5520


completed and the Cultural Resource Inventory for the Frankford and Matelich property currently being completed and will be submitted at a later date. Full mitigation designs for each of the proposed mitigation sites will also be submitted at a later date, however the City welcomes reflections on current designs.

Please let me know if there is any additional information you need or if you need additional copies of any of the submitted materials. You can contract me at (253) 856-6511 or at [email protected]

Sincerely,

Melissa Dahl Project Engineer

PUBLIC WORKS ENVIRONMENTAL ENGINEERING Mike Mactutis Environmental Engineering Manager 400 West Gowe Street Kent, WA 98032 July 19, 2019 PHONE: 253-856-5520


Enclosed please find: Joint Aquatic Resources Permit Application (JARPA) Form JARPA form 5g JARPA form 5i JARPA form 7h

Attachment A: For Additional Property Owners Attachment B: For Additional Project Locations Attachment C: Contact Information for Adjoining Property Owners Appendix A: Coastal Zone Management Certification Application Appendix B: 404 (b)(1) Alternatives Analysis Appendix C: Biological Assessment Appendix D: Cultural Resources Inventory for the Proposed Action Area Appendix E: Wetland Delineation for the Proposed Action Area Appendix F: Wetland Mitigation Statement Appendix G: Little Property Wetland Delineation Appendix H: Little Property Cultural Resource Inventory Appendix I: Little Property Conceptual Mitigation Plan Appendix J: Frankford Property Wetland Delineation Appendix K: Matelich Property Wetland Delineation Sheets G: Project information Sheets C: Channel Excavation Sheets L: Little Property Sheets M: Wetland Mitigation Sheets P: Stream Buffer Restoration Sheets E: Canyon Stabilization Sheets R: Culvert Replacement Sheets S: Bridges

JARPA Revision 2012.2 Page 1 of 14

WASHINGTON STATEJoint Aquatic Resources Permit

Application (JARPA) Form1,2

USE BLACK OR BLUE INK TO ENTER ANSWERS IN THE WHITE SPACES BELOW.

Part 1–Project Identification 1. Project Name (A name for your project that you create. Examples: Smith’s Dock or Seabrook Lane Development) [help]

Part 2–Applicant The person and/or organization responsible for the project. [help]

2a. Name (Last, First, Middle)

2b. Organization (If applicable)

2c. Mailing Address (Street or PO Box)

2d. City, State, Zip

2e. Phone (1) 2f. Phone (2) 2g. Fax 2h. E-mail

( ) ( ) ( )

1Additional forms may be required for the following permits: If your project may qualify for Department of the Army authorization through a Regional General Permit (RGP), contact the U.S. Army Corps ofEngineers for application information (206) 764-3495.If your project might affect species listed under the Endangered Species Act, you will need to fill out a Specific Project Information Form (SPIF) orprepare a Biological Evaluation. Forms can be found athttp://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory/PermitGuidebook/EndangeredSpecies.aspx.Not all cities and counties accept the JARPA for their local Shoreline permits. If you need a Shoreline permit, contact the appropriate city or countygovernment to make sure they accept the JARPA.

2To access an online JARPA form with [help] screens, go to http://www.epermitting.wa.gov/site/alias__resourcecenter/jarpa_jarpa_form/9984/jarpa_form.aspx.

For other help, contact the Governor’s Office for Regulatory Innovation and Assistance at (800) 917-0043 or [email protected].

AGENCY USE ONLY

Date received:

Agency reference #:

Tax Parcel #(s):

Dahl, Melissa

City of Kent

220 4th Avenue South

Kent, WA 98032

253 856-6511

Mill Creek Re-establishment Project

253 856-6500 [email protected]


Part 3–Authorized Agent or Contact Person authorized to represent the applicant about the project. (Note: Authorized agent(s) must sign 11b of this application.) [help] 3a. Name (Last, First, Middle)





( ) ( ) ( )

Part 4–Property Owner(s) Contact information for people or organizations owning the property(ies) where the project will occur. Consider both upland and aquatic ownership because the upland owners may not own the adjacent aquatic land. [help]

Same as applicant. (Skip to Part 5.) Repair or maintenance activities on existing rights-of-way or easements. (Skip to Part 5.) There are multiple upland property owners. Complete the section below and fill out JARPA Attachment A for each additional property owner. Your project is on Department of Natural Resources (DNR)-managed aquatic lands. If you don’t know,

contact the DNR at (360) 902-1100 to determine aquatic land ownership. If yes, complete JARPA Attachment E to apply for the Aquatic Use Authorization.

4a. Name (Last, First, Middle)





( ) ( ) ( )

City of Kent

220 Fourth Avenue South

Kent, WA 98032

253 856-5200 [email protected]


Part 5–Project Location(s) Identifying information about the property or properties where the project will occur. [help]

There are multiple project locations (e.g. linear projects). Complete the section below and use JARPA Attachment B for each additional project location.

5a. Indicate the type of ownership of the property. (Check all that apply.) [help] Private

Federal Publicly owned (state, county, city, special districts like schools, ports, etc.)

Tribal Department of Natural Resources (DNR) – managed aquatic lands (Complete JARPA Attachment E)

5b. Street Address (Cannot be a PO Box. If there is no address, provide other location information in 5p.) [help]

5c. City, State, Zip (If the project is not in a city or town, provide the name of the nearest city or town.) [help]

5d. County [help]

5e. Provide the section, township, and range for the project location. [help]

¼ Section Section Township Range

5f. Provide the latitude and longitude of the project location. [help] Example: 47.03922 N lat. / -122.89142 W long. (Use decimal degrees - NAD 83)

5g. List the tax parcel number(s) for the project location. [help] The local county assessor’s office can provide this information.

5h. Contact information for all adjoining property owners. (If you need more space, use JARPA Attachment C.) [help]

Name Mailing Address Tax Parcel # (if known)

100 Reiten Road, (Earthworks Park)

Kent, WA 98032

King County

to S. 204th St. and 68th Ave. S.

Please see attached page 5g.

(terminus of project)

Start NW End SW Start 19 End 1 Start 22 N End 22 N Start 5E End 4E

Start 47.36261/-122.2022 End 47.41638/-122.2417

See JARPA Attachment C


5i. List all wetlands on or adjacent to the project location. [help]

5j. List all waterbodies (other than wetlands) on or adjacent to the project location. [help]

5k. Is any part of the project area within a 100-year floodplain? [help]

Yes No Don’t know

5l. Briefly describe the vegetation and habitat conditions on the property. [help]

5m. Describe how the property is currently used. [help]

5n. Describe how the adjacent properties are currently used. [help]

5o. Describe the structures (above and below ground) on the property, including their purpose(s) and current condition. [help]

5p. Provide driving directions from the closest highway to the project location, and attach a map. [help]

Part 6–Project Description

Nearly every type of property use in Kent is represented along this creek project. The project goes through Kent MemorialPark, Mill Creek Canyon Earthworks Park, travels under roads (such as South 212th Street, East James Street, and CentralAvenue North) and passes the City's Senior Center. It also passes residential, commercial, and industrial properties, MillCreek Middle School, under Highway 167, parking lots, and Burlington Northern and Union Pacific railroad tracks. It alsopasses under a popular community bike path (the Interurban Trail) and near gas, power, and communication lines.

There are at least 25 culverts and 8 road crossings in the project area. There are bridges and parkinglots over portions of the creek. It travels under railroad tracks three times Along the stream banks aresuch structures as a senior center, a middle school, commercial and industrial properties, residentialstructures, and a bike path. There are also gas, petroleum and communication lines under and near thestream channel and power and communication lines above.

The project property is currently Mill Creek, a tributary of the Green River, and it's connected wetlands.Salmon and other fish currently use the creek.

From Highway 167 to the upstream end of the project: Take Willis Street E, head north on Central Ave S, then east on ETitus St. Head East on Canyon Dr (Highway 516). South on 104th Ave SE. The upstream end of the project is at theintersection of 104th Ave SE and SE 267th St.From Highway 167 to the downstream end of the project: Head west on S 212th st, go north on 77th Ave S. From there headwest on S 206th st. The downstream end of the project is just south of the end of S 206th st adjacent to the Union PacificRailroad Tracks..

Please see attached page 5i.

Mill Creek, a Class 2 salmonid stream and a tributary to Spring Creek which eventually flows to the Green River

Much of the creek bank is dominated by non-native species including reed canarygrass, Himalayan blackberry, Japaneseknotweed and brushy vegetation. There are roughly 300 trees along the project site, of varying species and size. Of the 3.5miles of project length roughly 40 % is native riparian habitat, while 40 % is non-native or invasive and 20% is landscaped.Along Kennebeck Ave adjacent to Mill Creek Middle School, there are about 21 trees on the west bank of the creek that areprimarily cottonwoods and 5 shrubs, that are red osier dogwoods.


6a. Briefly summarize the overall project. You can provide more detail in 6b. [help]

6b. Describe the purpose of the project and why you want or need to perform it. [help]

6c. Indicate the project category. (Check all that apply) [help]

Commercial Residential Institutional Transportation Recreational Maintenance Environmental Enhancement

6d. Indicate the major elements of your project. (Check all that apply) [help]

Aquaculture Bank Stabilization Boat House Boat Launch Boat Lift Bridge Bulkhead Buoy Channel Modification

Culvert Dam / Weir Dike / Levee / Jetty Ditch Dock / Pier Dredging Fence Ferry Terminal Fishway

Float Floating Home Geotechnical Survey Land Clearing Marina / Moorage Mining Outfall Structure Piling/Dolphin Raft

Retaining Wall (upland)

Road Scientific Measurement Device

Stairs Stormwater facility Swimming Pool Utility Line

Other:

The Mill Creek Re-Establishment Project will restore original grades between culverts and removeaccumulated sediment in the Mill Creek Channel between Creek Mile (CM) 5.2 to CM 2 (see extentmap). Sediment mitigation measures will occur upstream of CM 5.2 to approximately CM 7.0.

Sediment and organic material accumulation over the past 30 years has reduced conveyance capacityof the channel from CM 5.2 to CM 2.0 and causes recurring flooding problems. Sediment andaccumulated organic material has built-up in the stream channel since the cessation of the dredging.Since then sediment has deposited downstream and exceeds the capacity of the stream to flush it. Thisissue has been exacerbated by reed canary grass, a prolific non-native species that in turn-trapsadditional sediment. Large flood events in 1990 and 1996 also contributed considerable sediment to thestream channel. The build up of material in the stream channel has reduced it's conveyance capacity tothe point that significant flooding, even during minor rain events, occurs routinely.

Additional aspects of the project include: pedestrian bridge replacement, and the addition of new bridgesfor the purpose of providing improved pedestrian safety. The project will also include the replacement ofundersized culverts along 76th Ave within the project boundary.


6e. Describe how you plan to construct each project element checked in 6d. Include specific construction methods and equipment to be used. [help]

Identify where each element will occur in relation to the nearest waterbody.Indicate which activities are within the 100-year floodplain.

6f. What are the anticipated start and end dates for project construction? (Month/Year) [help]

If the project will be constructed in phases or stages, use JARPA Attachment D to list the start and end dates of each phase or stage.

Start date: End date: See JARPA Attachment D

6g. Fair market value of the project, including materials, labor, machine rentals, etc. [help]

6h. Will any portion of the project receive federal funding? [help]

If yes, list each agency providing funds.

Yes No Don’t know

Part 7–Wetlands: Impacts and Mitigation Check here if there are wetlands or wetland buffers on or adjacent to the project area.(If there are none, skip to Part 8.) [help]

7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. [help]

Not applicable

7b. Will the project impact wetlands? [help]

Yes No Don’t know

Sediment will be removed from the channel and culverts using mechanical equipment. A majority of work will occurwithin the 100-year floodplain. Weedy vegetation will be removed along the stream banks and replaced with nativevegetation where possible. Each stretch of creek will be isolated with barriers and a qualified contractor willremove fish, and sediment removal will occur after the isolated portion of creek has been dewatered. The projecttiming will comply with HPA requirements (exp. July through Sept). After a section of creek is isolated and fish areremoved, bypass pumps and pipes will be used to transfer water downstream. The selected contractor willdetermine the method of removal, with approval of the City. Upland construction work will take place outside the100-year floodplain including: accessing the project sites, hauling, and staging. In-stream construction will takeplace within 1 construction season within the fish window. Supplemental work may take place outside of that, butwill be done in accordance with all WDFW guidelines.

04/1/2020 09/30/2020

~$10,000,000

Most wetlands that were identified throughout the project reach developed on top of accumulated sediment and organicdetritus. The slow-moving creek with little gradient has no power to flush this accumulation, even during large flood events. Inorder to reduce flooding throughout downtown Kent, these accumulations need to be removed. Dredging is proposed from theOrdinary High Water (OHW) line on the left bank to the OHW line on the right bank. This will affect many wetlands, but most ofthese are dominated by non-native species and potentially would not occur if prolific reed canary grass hadn't invaded andexacerbated deposition. Wetlands are expected to redevelop along the margins of dredged creek through continuedsedimentation. Native shrubs and trees will be planted wherever possible to provide shading to reduce reed canary grassre-invasion in the future. Through the use of easements, staging and accessible areas have been chosen to minimize impactsto wetlands, buffers and native riparian vegetation.

Access and staging will occur along the stream banks utilizing existing disturbed areas, parking lots and roads when possible.


7c. Will the project impact wetland buffers? [help]

Yes No Don’t know

7d. Has a wetland delineation report been prepared? [help]

If Yes, submit the report, including data sheets, with the JARPA package.

Yes No

7e. Have the wetlands been rated using the Western Washington or Eastern Washington Wetland Rating System? [help]

If Yes, submit the wetland rating forms and figures with the JARPA package.

Yes No Don’t know

7f. Have you prepared a mitigation plan to compensate for any adverse impacts to wetlands? [help]

If Yes, submit the plan with the JARPA package and answer 7g.If No, or Not applicable, explain below why a mitigation plan should not be required.

Yes No Not applicable

7g. Summarize what the mitigation plan is meant to accomplish, and describe how a watershed approach was used to design the plan. [help]

7h. Use the table below to list the type and rating of each wetland impacted, the extent and duration of the impact, and the type and amount of mitigation proposed. Or if you are submitting a mitigation plan with asimilar table, you can state (below) where we can find this information in the plan. [help]

Activity (fill, drain, excavate,

flood, etc.)

Wetland Name1

Wetland type and

rating category2

Impact area (sq.

ft. or Acres)

Duration of impact3

Proposed mitigation

type4

Wetland mitigation area

(sq. ft. or acres)

1 If no official name for the wetland exists, create a unique name (such as “Wetland 1”). The name should be consistent with other project documents, such as a wetland delineation report.2 Ecology wetland category based on current Western Washington or Eastern Washington Wetland Rating System. Provide the wetlandrating forms with the JARPA package.3 Indicate the days, months or years the wetland will be measurably impacted by the activity. Enter “permanent” if applicable.4 Creation (C), Re-establishment/Rehabilitation (R), Enhancement (E), Preservation (P), Mitigation Bank/In-lieu fee (B)

Page number(s) for similar information in the mitigation plan, if available:

Dredge

Dredge

To compensate for adverse impacts to wetlands and non-wetland waterbodies mitigation for this project will be completed at3 mitigation locations including: the Little Property, the Frankford Property and the Matelich Property. Mitigation at the LittleProperty will provide 14.9 acres of wetland habitat along Mill Creek. Also, a new 2,000 linear feet channel for Mill Creek will becreated to take floodwaters away from adjacent homes and to reconnect the historic channel path (which existed prior toprevious dredging and straightening). The Frankford Property will provide 14.2 acres of wetland enhancement at an existingcategory 3 reed canary grass wetland. The Matelich Property will provide 1.4 acres of re-established wetland and 0.3 acres ofrehabilitated wetland at a site that currently has a lot of placed nonnative fill.See included Wetland Mitigation Statement for further elaboration.

See included Wetland Mitigation Statement

Please see attached page 7h.

See Appendix G


7i. For all filling activities identified in 7h, describe the source and nature of the fill material, the amount in cubic yards that will be used, and how and where it will be placed into the wetland. [help]

7j. For all excavating activities identified in 7h, describe the excavation method, type and amount of material in

cubic yards you will remove, and where the material will be disposed. [help]

Part 8–Waterbodies (other than wetlands): Impacts and Mitigation

In Part 8, “waterbodies” refers to non-wetland waterbodies. (See Part 7 for information related to wetlands.) [help] Check here if there are waterbodies on or adjacent to the project area. (If there are none, skip to Part 9.)

8a. Describe how the project is designed to avoid and minimize adverse impacts to the aquatic environment. [help]

Not applicable

8b. Will your project impact a waterbody or the area around a waterbody? [help]

Yes No

Best management practices (BMPs) will be employed over the course of the project. BMPs for this project includeisolating each stretch of creek to be dredged, use of bypass pumps to maintain the flow of the creek, fish removalfrom the isolated system, completely dewatering the isolated stretch of creek and finally dredging the isolatedportion of creek bed. Dredging of the system will be done using individually designated access points and stagingareas through the use of easements, for each stream reach. Following dredging, creek isolation measures will beremoved, allowing creek flows to return. Prior to construction the contractor will monitor weather events and otherpotential impacts from the nearby area and either adjust the schedule or manage impacts appropriately. Inaddition, temporary sediment control measures and timing construction during low creek flows, will limit impacts towaterbodies.

No filling activities will occur in the wetlands as a part of this project.

The project will excavate 22,382 cubic yards of sediment from the channel of Mill Creek. The materialremoved is the resulting sedimentation build up in Mill Creek. Excavation is expected to occur withexcavators and dump-trucks after stream-sections are isolated, fish removed by a qualified contractorand thoroughly dewatered (See section 6e above). Excavated material will be disposed of by thecontractor in a legal off-site location approved of by the City.


8c. Have you prepared a mitigation plan to compensate for the project’s adverse impacts to non-wetland waterbodies? [help] If Yes, submit the plan with the JARPA package and answer 8d. If No, or Not applicable, explain below why a mitigation plan should not be required.


8d. Summarize what the mitigation plan is meant to accomplish. Describe how a watershed approach was used to design the plan. If you already completed 7g you do not need to restate your answer here. [help]

8e. Summarize impact(s) to each waterbody in the table below. [help] Activity (clear, dredge, fill, pile

drive, etc.)

Waterbody name1

Impact location2

Duration of impact3

Amount of material (cubic yards) to be

placed in or removed from

waterbody

Area (sq. ft. or linear ft.) of waterbody

directly affected

1 If no official name for the waterbody exists, create a unique name (such as “Stream 1”) The name should be consistent with other documents provided. 2 Indicate whether the impact will occur in or adjacent to the waterbody. If adjacent, provide the distance between the impact and the waterbody and indicate whether the impact will occur within the 100-year flood plain.

3 Indicate the days, months or years the waterbody will be measurably impacted by the work. Enter “permanent” if applicable. 8f. For all activities identified in 8e, describe the source and nature of the fill material, amount (in cubic yards)

you will use, and how and where it will be placed into the waterbody. [help]

Dredge Mill CreekIn thewaterbody Permanent 206,154 SF

The Little Property mitigation site will provide approximately 2,000 LF of new stream channel to mitigatefor temporary impacts to non-wetland waterbodies. See Appendix G

10,118 CY

Mitigation for this project is outlined above in section 7g., with a more detailed explanation included in the attached Mitigation Statement.A full Mitigation Design is currently being completed and will be submitted at a later date in the near future.

There is no filling to be done in this project


8g. For all excavating or dredging activities identified in 8e, describe the method for excavating or dredging, type and amount of material you will remove, and where the material will be disposed. [help]

Part 9–Additional Information Any additional information you can provide helps the reviewer(s) understand your project. Complete as much of this section as you can. It is ok if you cannot answer a question.

9a. If you have already worked with any government agencies on this project, list them below. [help]

Agency Name Contact Name Phone Most Recent Date of Contact

( )

( )

( )

9b. Are any of the wetlands or waterbodies identified in Part 7 or Part 8 of this JARPA on the Washington Department of Ecology’s 303(d) List? [help] If Yes, list the parameter(s) below. If you don’t know, use Washington Department of Ecology’s Water Quality Assessment tools at:

http://www.ecy.wa.gov/programs/wq/303d/.

Yes No

9c. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? [help] Go to http://cfpub.epa.gov/surf/locate/index.cfm to help identify the HUC.

9d. What Water Resource Inventory Area Number (WRIA #) is the project in? [help] Go to http://www.ecy.wa.gov/services/gis/maps/wria/wria.htm to find the WRIA #.

WRIA 9

17110013

Material will be dredged from Mill Creek using the same methodology detailed in 7j.

A total of 10,118 cubic yards of material will be removed from the project site and disposed of in a contractorchosen legal off-site disposal location approved of by the City.

US Army Corps of Engineers Kristin McDermott 206 316-3047 7/9/2019

Department of Ecology Doug Gresham

Muckleshoot Indian Tribe Karen Walter 253 939-3311 1/10/2018

Mill Creek is identified on the Washington Department of Ecology's 303(d) list for the following parameter:

Fecal Coliform. (See Appendices)

425 649-7199 7/8/2019


9e. Will the in-water construction work comply with the State of Washington water quality standards for turbidity? [help]

Go to http://www.ecy.wa.gov/programs/wq/swqs/criteria.html for the standards.


9f. If the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline environment designation? [help]

If you don’t know, contact the local planning department.For more information, go to: http://www.ecy.wa.gov/programs/sea/sma/laws_rules/173-26/211_designations.html.

Rural Urban Natural Aquatic Conservancy Other ____________

9g. What is the Washington Department of Natural Resources Water Type? [help]

Go to http://www.dnr.wa.gov/BusinessPermits/Topics/ForestPracticesApplications/Pages/fp_watertyping.aspx for the Forest Practices Water Typing System.

Shoreline Fish Non-Fish Perennial Non-Fish Seasonal

9h. Will this project be designed to meet the Washington Department of Ecology’s most current stormwater manual? [help]

If No, provide the name of the manual your project is designed to meet.

Yes No

Name of manual:

9i. Does the project site have known contaminated sediment? [help]If Yes, please describe below.

Yes No

9j. If you know what the property was used for in the past, describe below. [help]

9k. Has a cultural resource (archaeological) survey been performed on the project area? [help]

If Yes, attach it to your JARPA package.

Yes No

Conservancy–Low Intensity"(UC-LI) Environment

Land uses surrounding the creek have ranged from agricultural to residential toindustrial along the 3.5 mile project reach. These previous land uses are discussed indetail in the cultural resources inventory prepared for the project. See Appendices formore detailed information.


9l. Name each species listed under the federal Endangered Species Act that occurs in the vicinity of the project area or might be affected by the proposed work. [help]

9m. Name each species or habitat on the Washington Department of Fish and Wildlife’s Priority Habitats and Species List that might be affected by the proposed work. [help]

Part 10–SEPA Compliance and Permits Use the resources and checklist below to identify the permits you are applying for.

Online Project Questionnaire at http://apps.ecy.wa.gov/opas/. Governor’s Office for Regulatory Innovation and Assistance at (800) 917-0043 or [email protected]. For a list of addresses to send your JARPA to, click on agency addresses for completed JARPA.

10a. Compliance with the State Environmental Policy Act (SEPA). (Check all that apply.) [help]

For more information about SEPA, go to www.ecy.wa.gov/programs/sea/sepa/e-review.html.

A copy of the SEPA determination or letter of exemption is included with this application.

A SEPA determination is pending with _______________ (lead agency). The expected decision date is ____________.

I am applying for a Fish Habitat Enhancement Exemption. (Check the box below in 10b.) [help]

This project is exempt (choose type of exemption below). Categorical Exemption. Under what section of the SEPA administrative code (WAC) is it exempt?

Other:

SEPA is pre-empted by federal law.

Chinook Salmon and Steelhead Trout are both listed species as federally threatenedthat may occur within the project reach. See Appendices for more information.

Species within the project reach listed under the Washington Department of Fish andWildlife's Priority Habitats and Species List include: Winter Steelhead, Fall ChinookSalmon, Residential Coast Cutthroat, all of which are listed as PHS listed occurrence/migration. Coho Salmon are also listed as PHS listed breeding area, listedoccurrence/migration.

City of Kent12/31/2019


10b. Indicate the permits you are applying for. (Check all that apply.) [help]

LOCAL GOVERNMENT

Local Government Shoreline permits: Substantial Development Conditional Use Variance Shoreline Exemption Type (explain):

Other City/County permits: Floodplain Development Permit Critical Areas Ordinance

STATE GOVERNMENT

Washington Department of Fish and Wildlife: Hydraulic Project Approval (HPA) Fish Habitat Enhancement Exemption – Attach Exemption Form

Effective July 10, 2012, you must submit a check for $150 to Washington Department of Fish and Wildlife, unless your project qualifies for an exemption or alternative payment method below. Do not send cash.

Check the appropriate boxes:

$150 check enclosed. Check # Attach check made payable to Washington Department of Fish and Wildlife.

My project is exempt from the application fee. (Check appropriate exemption)HPA processing is conducted by applicant-funded WDFW staff.

Agreement #Mineral prospecting and mining.Project occurs on farm and agricultural land.

(Attach a copy of current land use classification recorded with the county auditor, or other proof of current land use.)Project is a modification of an existing HPA originally applied for, prior to July 10, 2012.HPA #

Washington Department of Natural Resources:

Aquatic Use Authorization Complete JARPA Attachment E and submit a check for $25 payable to the Washington Department of Natural Resources. Do not send cash.

Washington Department of Ecology:Section 401 Water Quality Certification

FEDERAL GOVERNMENT

United States Department of the Army permits (U.S. Army Corps of Engineers): Section 404 (discharges into waters of the U.S.) Section 10 (work in navigable waters)

United States Coast Guard permits: Private Aids to Navigation (for non-bridge projects)

N/A Not Shoreline

Mill Creek Re-establishment Project; City of Kent

5g. List the tax parcel number(s) for the project location. 012204-9018, 122204-9072, 22204-9030, 660007-0300, 660007-0170, 012204-9110, 189570-0030, 189570-0020, 012204-9012, 012204-9122, 012204-9042, 122204-9086, 122204-UNKN, 775980-UNKN, 132204-UNKN, 012204-9113, 886700-0110, 122204-9130, 132204-9024, 182205-9023, 914710-0005, 182205-9098, 182205-9296, 192205-9320,192205-9049, 192205-9057, 783080-0690, 192205-9089, 192205-9077, 192205-9067,192205-9073, 192205-9373, 302205-9002, 302205-9045, 302205-9050, 292205-9265, 292205-9131, 292205-9322, 631440-0101, 631440-0080, 122204-9031, 012204-9118, 631440-0021, 122204-9104, 122204-9103, 122204-9009, 631440-0100, 886700-0106, 886700-0116, 122204-9050, 122204-9029, 132204-9040, 122204-9085, 631190-0000, 122204-9125, 122204-9074, 122204-9127, 122204-9127, 122204-9128, 122204-9100, 122204-9019, 122204-9110, 775980-0170, 775980-0150, 122204-9024, 775980-0130,383040-0000, 132204-9139, 132204-9192, 132204-9170, 132204-9341, 914710-0035, 914710-0030, 914710-0025, 914710-0020, 914710-0015, 914710-0010, 182205-9308, 012204-9021, 538560-0005, 917960-2090, 917960-1965, 161250-0003, 161250-0005, 161250-0022, 161250-0020, 161250-0030, 161250-0194, 161250-0195, 161250-0205, 161250-0210, 161250-0215, 161250-0220, 161250-0305, 917960-1980, 132204-9059, 132204-9158, 132204-9221, 132204-9184, 132204-9052, 132204-9146, 132204-9105, 132204-9056, 132204-9142, 132204-9018, 132204-9091, 132204-9096, 182205-9015, 132204-9334, 182205-9363, 132204-9095, 132204-9101, 132204-9131, 132204-9164, 132204-9166, 132204-9154, 132204-9126, 132204-9364, 132204-9363 914710-0045, 914710-0040, 914710-0035, 914710-0030, 914710-0025, 914710-0020, 914710-0015, 914710-0010, 182205-9308, 012204-9021, 538560-0005, 917960-2090, 917960-1965, 161250-0003, 161250-0005, 161250-0022, 161250-0020, 161250-0030, 161250-0194, 161250-0195, 161250-0205, 161250-0210, 161250-0215, 161250-0220, 161250-0305, 917960-1980, 132204-9059, 132204-9158, 132204-9221, 132204-9184, 132204-9052, 132204-9146, 132204-9105, 132204-9056, 132204-9142, 132204-9018, 132204-9091, 132204-9096, 182205-9015, 132204-9334, 182205-9363, 132204-9095, 132204-9101, 132204-9131, 132204-9164, 132204-9166, 132204-9154, 132204-9126, 132204-9364, 132204-9363, 914710-0045, 914710-0040, 917960-1160, 917960-1170, 192205-9068, 192205-9264, 292205-9163, 292205-9025, 132204-9357, 263200-0207, 222204-9029

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731

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Mill Creek Re-establishment Project; City of Kent

5i. List all wetlands on or adjacent to the project location.

Wetlands within Project Area Parcels: 1922059049, 1922059320, 1822059098, 1822059023, 1322049131, 1322049101, 1322049334, 1822059015, 1322049105, 1322049018, 1322049221, 1322049158, 1322049059, 1322049192, 1322049170, 1322049341, 7759800130, 1222049024, 1222049110, 1222049019, 1222049128, 1222049130, 1222049127, 1222049030, 1222049031, 1222049072, 6311900000, 1222049085, 1222049009, 1222049050, 8867000110, 1222049009, 8867000116, 8867000106, 1222049103, 1222049104, 6314400021, 6314400101, 122049118, 6314400080, 6314400100, 1895700020, 1895700030, 122049021, 1220490110, 122049122, 122049012

Wetlands within Mitigation Area Parcels: 2632000207, 2222049029, 1822059023, 1822059098, 1822059363

Wetland names as identified by the wetland delineation completed by Shannon and Wilson Inc.: A, AA, AB, AC, AD, AE, AF, AG, AH, AI, AJ, AK, AL, AM, AN, B, BB, C, CC, D, DD, E, EE, F, FF, G, GG, H,H, I, II, J, JJ, K, KK, L/LL, M, MM, N, NN, O, OO, P, PP, Q, QQ, R, RR, S, SS, T, TT, X, XX, Y, YY, Z, ZZ

Wetland names as identified by the wetland delineation completed by ICF International, Inc.: A, B, C

See included wetland delineations in the appendices for further information

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